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KING v. WHITE

No. 78,687.

265 Kan. 627 (1998)

962 P.2d 475

JERRY C. KING, Appellee/Cross-Appellant, v. JOHN WHITE, Defendant, v. COMMERCE BANK, N.A., Appellant/Cross-Appellee, v. MICHIGAN NATIONAL BANK and UMB BANK, NORTHWEST, Defendants, v. AUTO-OWNERS INSURANCE COMPANY, Appellant/ Cross-Appellee, and v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellee/Cross-Appellant.

Supreme Court of Kansas.

Opinion filed July 10, 1998.

Attorney(s) appearing for the Case

Richard M. Beheler, of Blackwell Sanders Matheny Weary & Lombardi LLP, of Kansas City, Missouri, argued the cause, and Benjamin F. Mann, of the same firm, was with him on the briefs for appellant/cross-appellee Commerce Bank, N.A.

Charles H. Stitt and Diane M. Breneman, of Shaffer Lombardo Shurin, of Kansas City, Missouri, argued the cause, and Gregory P. Forney, of the same firm, was on the briefs for appellant/cross-appellee Auto-Owners Insurance Company.

Todd N. Thompson, of Lawrence, argued the cause and was on the brief for appellee/cross-appellant American Family Mutual Insurance Company.

Mark A. Rohrbaugh, of Overland Park, argued the cause and was on the brief for appellee/cross-appellant Jerry C. King.

The opinion of the court was delivered by

LARSON, J.:

In this case we must decide who suffers the loss after an attorney improperly obtained settlement drafts from two insurance companies, forged his client's endorsement on the checks, deposited the checks in his trust account, and then converted the funds. The question arises in the context of a suit for conversion by the client, Jerry C. King, against his Kansas attorney, John L. White, the insurance companies...

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